FDA WARNING_LETTER - www.cigarettes-com.net - September 14, 2012

The FDA Center for Tobacco Products issued a Warning Letter to www.cigarettes-com.net on September 14, 2012, after reviewing their website and determining that cigarette products were offered for sale to U.S. customers. The FDA found that several products were adulterated under section 902(8) of the FD&C Act (21 U.S.C. § 387b(8)) because they were promoted as modified risk tobacco products without an FDA order.

Specifically, the website used descriptors like "light," "extra light," "super light," and "premium light" in product advertising and names, such as "ATIS Super Lights (Noble)" and "Marlboro Gold (Lights)." Under section 911(b)(2)(A)(ii) of the FD&C Act (21 U.S.C. § 387k(b)(2)(A)(ii)), these descriptors classify the products as "modified risk tobacco products." Section 911(a) of the FD&C Act (21 U.S.C. § 387k(a)) prohibits the introduction or delivery of such products into interstate commerce without an FDA order under section 911(g).

The FDA requires immediate correction of these violations and all necessary actions to bring tobacco products into compliance. Failure to comply may result in civil money penalties, no-